STATE v. MORRIS


241 Or. 253 (1965)

405 P.2d 369

STATE OF OREGON v. MORRIS

Supreme Court of Oregon.

Affirmed September 8, 1965.


Attorney(s) appearing for the Case

Robert G. Danielson, Sweet Home, argued the cause for appellant. On the brief were McFarlan & Danielson, Sweet Home.

Courtney R. Johns, District Attorney, Albany, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.


AFFIRMED.

GOODWIN, J.

This is an appeal from a conviction of first-degree murder.

The only assignment of error challenges the giving of the statutory "felony-murder" instruction. The defendant contends that the instruction was not appropriate under the evidence and was prejudicial.

The evidence tended to prove that, after arming himself with a pistol, the defendant, about 2:00 a.m., paid a visit to the home where his estranged wife and son...

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